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Hoa put lean on property for late fees

Annandale, VA |

My hoa put a lien on my property for late fees. I made a payment late and was not made aware of the late fee. The fee was never paid so hoa kept adding a late charge monthly. After 8 months they finally sent a notice. I wrote letters to hoa with no answer. Complaing anout the charge. My assessment has never been over 30 daya late..Now hoa has put lien for 3k on my property. What can I do? Can I bring to court to get the lien removed.?

Attorney Answers 2


  1. The HOA has the legal right to do this, and the lien will not get removed til you pay them. For unpaid dues, special assessments and related late fees, the HOA can lien and then foreclose on your house without even suing you first. They can foreclose even if you have a live mortgage you are paying on time. For unpaid fines, they first have to sue, then get a judgment, then lien and then they can foreclose. Also, they can come after your for attorney's fees. So enter into a payment plan ASAP.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.


  2. It's possible that the HOA is required to give you better notice depending on the HOA documents.

    Regardless, I'd suggest you retain an attorney to conduct the negotiation with the HOA. They just want their money and may be willing to accept a smaller amount.

    If you're interested in retaining an attorney, feel free to contact me. I handle negotiations regularly for clients -- sometimes it's simply helpful to have an emotion-free intermediary.

    Steven Krieger Law, PLLC
    703.831.7707
    www.stevenkriegerlaw.com

    I hope you found this response to be helpful. If so, please click "best answer" and/or "helpful." Avvo is a a very useful resource, but does not create an attorney-client relationship, and cannot replace an in-depth consultation with a lawyer.

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